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SCHEDULE 25
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TRANSITIONALS AND SAVINGS ABOUT RAILWAYS |
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First appointments to Authority |
| | 1. - (1) The Secretary of State shall offer to the person who immediately before the coming into force of section 176 is the chairman of the Board appointment under sections 177(1) and 178(1)(a) as the member of the Authority who is to chair it from the time when the Authority is established.
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(2) The Secretary of State shall offer to the other persons who immediately before the coming into force of section 176 are members of the Board appointment under section 177(1) as members of the Authority from the time when the Authority is established.
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(3) The Secretary of State shall (in spite of section 178(3)) offer to the person who immediately before the coming into force of section 176 is the Franchising Director appointment as the chief executive of the Authority from the time when the Authority is established; and, if appointed, the terms of his appointment shall (in spite of paragraph 4(2) of Schedule 13) be such as may be determined by the Secretary of State.
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(4) Unless any person to whom an appointment is offered under sub-paragraph (1), (2) or (3) refuses to accept it, he shall be appointed pursuant to the offer.
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(5) A person may be both a member of the Board and a member of the Authority.
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Consumer protection conditions |
| | 2. - (1) The Secretary of State may make in relation to a licence or licence exemption granted before the coming into force of Part I of Schedule 16 a scheme making such provision as appears to him to be appropriate in consequence of the amendments made by paragraphs 5 to 16 of that Schedule.
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(2) The scheme may include modifications of-
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(a) the licence or licence exemption, and |
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(b) any agreements or other arrangements made by, or relating to, the person (or any of the persons) to whom it was granted, |
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(in particular so that references to the Regulator have effect as references to the Authority).
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(3) Before making a scheme under this paragraph the Secretary of State must consult-
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(c) the person or persons to whom the licence or licence exemption was granted, and |
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(d) any such other persons as the Secretary of State considers appropriate. |
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(4) The amendments made by paragraphs 5 to 16 of Schedule 16 apply in relation to any licence or licence exemption granted before the coming into force of Part I of that Schedule only from the coming into force of a scheme made under this paragraph in relation to the licence or licence exemption.
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Franchising: designation of services |
| | 3. - (1) Any services which, immediately before the coming into force of section 187, are being provided under a franchise agreement shall be treated as having been designated under subsection (1) of section 23 of the Railways Act 1993 (as amended by subsection (1) of section 187) on the coming into force of section 187.
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(2) The designation treated as made by sub-paragraph (1) may be varied or revoked as provided by subsection (2A) of section 23 (as inserted by subsection (2) of section 187) but is not required to be published by subsection (2B) of section 23 (as so inserted).
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Bye-laws |
| | 4. - (1) The repeal of section 67 of the Transport Act 1962 does not affect that section, or any provision of that section, as applied by any other enactment.
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(2) Any bye-laws made (or having effect as if made) under-
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(a) section 67 of the Transport Act 1962, or |
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(b) section 129 of the Railways Act 1993, |
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which are in force immediately before the coming into force of the repeals of those sections shall continue in force; but the Authority may vary or revoke any bye-laws continued in force by this sub-paragraph.
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Penalties |
| | 5. - (1) The amendments made by section 200 do not have effect in relation to contraventions occurring before the coming into force of that section.
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(2) In its continued application (in relation to such contraventions) after that section comes into force, section 55(8) of the Railways Act 1993 shall have effect to authorise the imposition of a requirement to pay a monetary penalty to the Authority (rather than to the appropriate authority).
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(3) Any requirement to pay a monetary penalty imposed by a final order made before the date on which section 200 comes into force shall, so far as not complied with before that date, have effect on and after that date as a requirement to pay the penalty to the Authority (rather than to the appropriate authority).
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(4) The fact that a statement of policy has not been published by the Authority or Regulator under section 57A of the Railways Act 1993, as inserted by section 200, does not affect the validity of any decision to impose a penalty, or any determination of the amount of a penalty, under section 57A.
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Compliance orders |
| | 6. The amendments made by section 201 do not apply in a case in which-
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(a) a provisional order has been made, or |
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(b) any steps towards the making of a final order have been taken, |
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before the coming into force of that section.
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Closures: obligation to continue |
| | 7. Section 212 does not apply in the case of a proposed closure of which notice has been given before that section comes into force.
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Register |
| | 8. - (1) The Regulator shall give to the Authority details of the provision which he has caused to be entered in the register maintained by him under section 72 of the Railways Act 1993 by virtue of paragraph (c) of subsection (2) of that section before the coming into force of the repeal of that paragraph by this Act.
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(2) The Authority shall cause to be entered in the Register maintained by it under section 73 of that Act any details given to it under sub-paragraph (1).
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Supplementary |
| | 9. - (1) Nothing in this Schedule limits section 227.
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(2) Nothing in this Schedule limits the operation of sections 16 and 17 of the Interpretation Act 1978 (effect of repeals).
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